News & Analysis as of

Habeas Corpus

Carlton Fields

Florida Appeals Court Decisions Week of April 6 - 10, 2026

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Dish Network v. Fraifer - copyright infringement - Hayes v. OWCP - Black Lung Benefits Act, “year” - Faulk v. Dimerco Exp - § 1983, racial discrimination, improper arguments,...more

Carlton Fields

Florida Appeals Court Decisions Week of March 23 - 27, 2026

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Joyner v. Atlanta - employment, Title VII, discrimination, retaliation - USA v. Alexander - surgeon, health care kickbacks, venue, evidence, sentencing - Upside Foods v. Fl...more

Carlton Fields

Florida Appeals Court Decisions Week of March 16 - 20, 2026

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Johnson v. Miami-Dade - employment, discrimination, retaliation, prima facie case - Nance v. Ga DOC - lethal injection, constitutional challenges - Foster v. King - § 1981,...more

Morrison & Foerster LLP - Federal Circuitry

Party Presentation At The Supreme Court: Two Recent Viewpoints

A basic rule in the adversarial system is party presentation: the parties “frame the issues for decision,” while the court serves as a “neutral arbiter” of the issues those parties present. United States v. Sineneng-Smith,...more

Carlton Fields

Florida Appeals Court Decisions Week of January 19 - 23, 2026

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Jones - rehearing, drug trafficking, evidence, closing arguments, misconduct, Miranda - Renco v. Napoli Shkolnik - § 1782 discovery, protective order, foreign activities...more

Carlton Fields

Florida Appeals Court Decisions Week of January 12 - 16, 2026

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U.S. Eleventh Circuit Court of Appeals - No decisions this week... Florida Supreme Court - Tallahassee In re Fla R Civ P - amended rules - In re Fla R Civ P - more amended rules - In re R Reg Fla Bar - amended bar...more

Epstein Becker & Green

Divided Court Clarifies Limits on Federal Habeas Appeals - SCOTUS Today

Epstein Becker & Green on

Contrary to the presupposition of many, the U.S. Supreme Court did not render a decision on Friday resolving the question of the president’s authority to impose tariffs through executive orders and related questions...more

Vorys, Sater, Seymour and Pease LLP

Who Frames the Case? Adhering to the Party Presentation Principle

Few principles more clearly define who controls a lawsuit than the party presentation principle: courts decide cases on arguments presented by the parties, not arguments the court wishes the parties would have brought....more

Epstein Becker & Green

Term Begins with Easy Unanimity, a Condition Soon to Be Forgotten - SCOTUS Today

Epstein Becker & Green on

The U.S. Supreme Court has several highly contentious matters under consideration, or soon to be argued, including whether various presidential executive orders can survive separation-of-powers analysis....more

Saul Ewing LLP

The JustPod: Gary Tyler's Quest for Justice in Louisiana's Angola Prison

Saul Ewing LLP on

The JustPod is a podcast of the American Bar Association's Criminal Justice Section, hosted by Justin Danilewitz and Geonard Butler. This episode features a discussion with Gary Tyler. In 1974, at the age of 16, Gary Tyler,...more

Carlton Fields

Florida Appeals Court Decisions Week of October 20 - 24, 2025

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U.S. Eleventh Circuit Court of Appeals - USA v. Green - Gangster Disciples, RICO, search and seizure, sentencing...more

Carlton Fields

Florida Appeals Court Decisions Week of October 6 - 10, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Dorelus - sentencing - Burt v. UF Pres - en banc order, vacating this opinion; appellate jurisdiction...more

Carlton Fields

Florida Appeals Court Decisions Week of September 29 - October 3, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Ivory v. USA - postconviction relief - Gould v. Interface - employment, agreement, preservation of error - Devengoechea v. Bolivian Repub - Foreign Sovereign Immunities Act,...more

Carlton Fields

Florida Appeals Court Decisions Week of September 15 - 19, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Oakes Farms v. Adkins - First Amendment, Covid-19 - Nute v. White - § 1983, qualified immunity...more

Carlton Fields

Florida Appeals Court Decisions Week of September 8 - 12, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - CMYK Enters v. Advanced Print - procedure, dismissing claims to appeal, Rules 41 and 54(b) - USA v. Taylor - postconviction relief - USA v. Gaines - firearm possession, felons...more

Carlton Fields

Florida Appeals Court Decisions Week of August 25 - 29, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - ECB v. Savencia Cheese - personal jurisdiction - Hoak v. NCR - ERISA, employer’s top hat compensation plans - Henry v. Tuscaloosa Sheriff - en banc order, vacating this...more

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 68 - The Legacy and Lessons of Guantanamo Bay: A Defense Attorney’s Perspective

Fox Rothschild LLP on

More than two decades have passed since the doors of Guantanamo Bay were opened to house alleged terrorists. Those doors remain open, though the number of detainees has dwindled to 15. In this episode, Mark Denbeaux,...more

Carlton Fields

Florida Appeals Court Decisions Week of August 11 - 15, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Huggins v. Manatee Sch Dist - First Amendment, qualified immunity, amending pleadings - Andre v. Clayton Cnty - Atlanta airport random searches, constitutional challenge,...more

Carlton Fields

Florida Appeals Court Decisions Week of August 4 - 8, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Mullin v. Sec’y Vet Affairs - disability discrimination, unlawful disclosure - USA v. Tovar - child sex trafficking, evidence, closing argument - Caterpillar v. Venequip -...more

Carlton Fields

Florida Appeals Court Decisions Week of July 21 - 25, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Am Sec Ass’n v. SEC - APA, rule challenge - Weinstein v. 440 Corp - Rule 41(a), dismissal ...more

Carlton Fields

Florida Appeals Court Decisions Week of June 30 - July 3, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Lamonaco v. Experian - arbitration - Labriola v. Miami-Dade - employment, First Amendment - Wood v. Fla DOE - school, transgender, § 1000.071, First Amendment - USA v....more

Shook, Hardy & Bacon L.L.P.

Class Action Decisions Published May 2025

Immigration. There were many decisions by classes seeking certification of habeas claims related to President Donald Trump’s invocation of the Alien Enemies Act that reached different decisions on whether to certify...more

Carlton Fields

Florida Appeals Court Decisions Week of June 9 - 13, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Scott v. Miami - probable cause - USA v. Ferretiz-Hernandez - immigration, reentry prohibition, constitutionality - Jekyll Island v. Polygroup Macau - personal jurisdiction,...more

Epstein Becker & Green

Cleaning the Cupboard—Six More Decisions in One Day, and a Largely Harmonious Court - SCOTUS Today

Epstein Becker & Green on

As the end of the term seems to be rushing towards us, the U.S. Supreme Court issued six more opinions yesterday, mostly unanimous or near unanimous....more

Dorsey & Whitney LLP

The Supreme Court Update - June 12, 2025

Dorsey & Whitney LLP on

The Supreme Court of the United States issued six decisions today: Parrish v. United States, No. 24-275: This case addresses the procedural requirements for filing a notice of appeal after the original deadline to appeal...more

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